§ 240.78 Making a threat of mass harm.

Attorney's Note

Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 3 monthsup to $500
For details, see N.Y. Penal Law § 70.15

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Terms Used In N.Y. Penal Law 240.78

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

1. A person is guilty of making a threat of mass harm when with the intent to intimidate a group of people or to create public alarm, such person threatens to inflict or cause to be inflicted, serious physical injury or death at a school, place of worship, business, government building, or other place of assembly, and thereby causes a reasonable expectation or fear of serious physical injury or death, or causes the evacuation or lockdown of a school, place of worship, business, government building, or other place of assembly.

2. It shall be no defense to a prosecution pursuant to this section that the defendant did not have the intent or capability of committing the conduct threatened.

Making a threat of mass harm is a class B misdemeanor.